(4)Every question at a meeting shall be determined by a majority of the votes of the members present and voting and, in the case of an equal division of votes, the chair shall have a casting vote.
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(5)Subject to subparagraph (6), the Council may act notwithstanding one or more vacancies in its membership.
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(6)The quorum for a meeting shall be, unless the Minister otherwise directs, 11 members.
\n
(7)The Council shall arrange for the recording of the business done at its meetings and those of its committees and, subject to that and the other provisions of this Act, shall regulate its procedure and that of its committees by rules and otherwise as it sees fit.
\n
Committees of the Council 7. (1) In addition to the disciplinary committees which the Council must set up under section 34 , it may establish committees to advise it in relation to the performance of its functions (in this Schedule referred to as “advisory committees”) and may determine their terms of reference.
\n
(2)Subparagraphs (3) to (6) shall apply to disciplinary committees and advisory committees.
\n
(3)A committee may include persons who are not members of the Council.
\n
(4)A member of a committee may be removed from it by the Council.
\n
(5)The Council shall appoint a member of a committee to chair it.
\n
(6)The Council shall fix the quorum of a committee.
\n
(7)The Council may dissolve a committee established under subparagraph (1).
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Membership of either House of the Oireachtas or European Parliament by a Member of the Council or Staff of the Society 8. (1) A member of the Council who is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or the European Parliament, or (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, shall then cease to be a member of the Council.
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(2)An employee of the Society who is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or the European Parliament, or (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, shall then stand seconded from employment by the Society.
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(3)An employee seconded under subparagraph (2) shall not be paid by, or entitled to receive from, the Society any remuneration or allowances in respect of the period beginning on such nomination or election or when he or she is so regarded as having been elected (as the case may be) and ending when such person ceases to be a member of either such House or a member of such Parliament.
\n
(4)A person who is entitled under the standing orders of either House of the Oireachtas to sit in it or who is a member of the European Parliament shall be, while so entitled or while such a member, disqualified from membership of the Council and from becoming employed in any capacity by the Council.
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(5)A period mentioned in subparagraph (3) shall not, for the purposes of any superannuation benefit, be reckoned as service with the Society.
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Disclosure of certain interests 9. (1) In this paragraph— “connected relative” , in relation to a person, means a spouse, a man and woman who are not married to each other but are cohabiting as husband and wife, parent, brother, sister, child or spouse of a child of the person; “meeting” means a meeting of the Council or of a committee of the Council; “member” includes a member of a committee of the Council; “specified matter” means— (a) an arrangement to which the Council is a party or a proposed such arrangement, or (b) a contract or other agreement with the Council or a proposed such contract or agreement.
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(2)A member present at a meeting where a specified matter arises who, otherwise than in his or her capacity as a member, has an interest in that matter— (a) shall at the meeting, disclose that fact and the extent of the interest, (b) may not influence or seek to influence a decision to be made in relation to the matter, (c) shall absent himself or herself from the meeting or that part of the meeting during which the matter is being discussed, (d) may not vote on a decision relating to the matter, and (e) may not take part in any further deliberation of the Council or any of its committees relating to the matter.
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(3)For the purposes of this paragraph, but without prejudice to the generality of subparagraph (2), a member shall be regarded as having an interest in a matter if a connected relative of that member or a nominee of either of them has such an interest.
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(4)The disclosure shall be recorded in the minutes of the meeting and, for as long as the specified matter is being dealt with by the meeting, the member making the disclosure may not be counted for the purposes of determining the presence of a quorum for the meeting.
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(5)The question of whether a member’s course of conduct, is or would be a contravention of subparagraph (2) shall be determined by the chair, whose decision shall be final, and the particulars of the determination shall be recorded in the minutes of the meeting.
\n
(6)Where the member referred to in subparagraph (4) is the chair, the meeting shall choose another member to chair it for the purposes of the determination.
\n
(7)If satisfied that a member has contravened subparagraph (2), the Minister may remove the member from office and that person is then disqualified from office.
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Disclosure by employees of certain interests 10. (1) In this paragraph— “connected relative” has the same meaning as in paragraph 9; “material interest” has the same meaning in relation to an employee of the Society as it has in the Ethics in Public Office Act 1995 in relation to a person holding a designated position; “specified matter” has the same meaning as in paragraph 9.
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(2)An employee of the Society who, otherwise than as such, has a material interest in a specified matter— (a) shall disclose that fact to the Council and the extent of the interest, (b) may not influence or seek to influence any decision to be made in relation to the matter, (c) may not make any recommendation relating to the matter, and (d) may not take part in the negotiation of the matter or in any deliberation by the Council or the Society’s employees relating to that matter.
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(3)For the purposes of this paragraph but without prejudice to the generality of subparagraph (2), an employee shall be regarded as having a material interest in a matter if a connected relative of the employee or either of them has such an interest.
\n
(4)Where an employee fails to make a disclosure in accordance with this paragraph, the Council shall decide the appropriate action (which may include termination of his or her contract of employment) to be taken.
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Prohibition of unauthorised disclosure of confidential information 11. (1) A person who discloses confidential information obtained as— (a) a member of the Council or one of its committees, (b) an adviser or consultant to the Society or the Council or one of its committees, (c) an employee of the Society, shall be guilty of an offence.
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(2)In this paragraph, “ confidential information ” includes— (a) information declared by the Council to be confidential (whether particular information or information of a class or description), and (b) proposals of a commercial nature or tenders submitted to the Council.
\n
(3)Nothing in this paragraph prohibits the disclosure of information by means of a report made— (a) to the Society, the Council or one of its committees, or (b) by or on behalf of the Council to the Minister.
\n
Application of surpluses 12. (1) Subparagraph (2) applies to any money appearing to the Council to be left over after meeting its expenses (in this paragraph referred to as the “surplus”).
\n
(2)The Council may spend the surplus including any surplus following disposal of assets as it sees fit on— (a) the development of education, (b) research, or (c) any other public purpose, connected with pharmacy.
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Registrar 13. (1) The Council shall appoint a chief officer of the Society, to be known as the Registrar of the Pharmaceutical Society of Ireland (in this Act referred to as the “registrar”).
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(2)The registrar shall be paid by the Society such remuneration and allowances as the Council, with the approval of the Minister with the consent of the Minister for Finance, determines from time to time.
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(3)The registrar shall be employed on such other terms and conditions as the Council, with the approval of the Minister, determines.
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(4)The registrar shall keep the registers, manage and control the administration and business of the Society and the Council and perform such other functions as may be determined by the Council.
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Staff of the Pharmaceutical Society of Ireland 14. (1) The Council may engage such and such number of persons to be employees of the Society as the Council, with the approval of the Minister with the consent of the Minister for Finance, may determine.
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(2)An employee of the Society shall be paid by the Council such remuneration and allowances as the Council, with the approval of the Minister with the consent of the Minister for Finance determines from time to time.
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(3)An employee of the Society shall be employed on such other terms and conditions as the Council, with the approval of the Minister, determines from time to time.
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(4)An employee of the Society shall perform such duties as the Council determines from time to time.
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(5)An employee of the Society may not be a member of the Council.
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Superannuation 15. (1) The Society shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such members of the staff of the Society as it may think fit.
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(2)Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.
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(3)Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.
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(4)A scheme submitted by a Society under this section shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the Society in accordance with its terms.
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(5)No superannuation benefit shall be granted by the Society nor shall any other arrangements be entered into by the Society for the provision of such a benefit to or in respect of a member of the staff of the Society otherwise than in accordance with a scheme under this section or with the consent of the Minister and the Minister for Finance.
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(6)Each scheme made under this section shall make provision for appeals.
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(7)A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
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Accounts and audit 16. (1) The Council shall keep proper accounts— (a) of all income and expenditure of the Society, including the sources of such income, and (b) of the property and liabilities of the Society.
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(2)The accounts shall be audited at least once in every year by an auditor appointed by the Council for that purpose and the fees of the auditor and the expenses of the audit shall be paid by the Council as soon as practicable after each audit.
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(3)Not later than 3 months after the end of the financial year to which the accounts relate, the Council shall submit copies of the accounts and the auditors’ certificate and report to the Minister.
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(4)As soon as practicable after those copies have been so submitted, the Minister shall lay them before each House of the Oireachtas and as soon as practicable after they have been so laid, the Council shall have them printed, published and put on sale.
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Annual report 17. (1) Not later than 3 months after the end of each financial year, the Council shall submit to the Minister a report on its activities in that year and the Minster shall, as soon as practicable, lay copies of the report before each House of the Oireachtas.
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(2)As soon as practicable after the report has been so submitted, the Council shall have it printed, published and put on sale.
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Council’s exercise of Society’s borrowing power 18. (1) The Council’s exercise of the Society’s power to borrow shall be subject to any conditions that may be imposed by, or in accordance with any directions given by, the Minster with the consent of the Minister for Finance.
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(2)Any money so borrowed and any interest accruing on it shall be secured on the income or property of the Society.
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Acceptance of gifts by the Council 19. The Council may accept gifts of land, money or other property, but only if any trusts or conditions specified by the donor are consistent with the Society’s functions.
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Power to charge and recover fees 20. (1) The Society may charge such fees as may, with the approval of the Minister, from time to time, be prescribed for any or all the following: (a) registration; (b) continued registration; (c) the issue of certificates of registration or continued registration; (d) the making of alterations in a register under section 22
\n
(2)(a); (e) the restoration of a name to a register under section 61 ; (f) any other service provided by virtue of this Act.
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(2)The Society may recover, as a simple contract debt, any amount owed in respect of a fee charged under this section.
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Failure of Council to perform a function 21. (1) If the Council fails to perform any of its functions the Minister may, in writing, direct it— (a) to perform the function within the time specified in the direction, and (b) for that purpose, to do any other thing that is ancillary or incidental to the performance of the function.
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(2)If the Council does not comply with the direction the Minister may, by order, remove from office any or all of its members and perform the function himself or herself.
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Annual service plan and corporate strategy 22. The Society shall prepare an annual service plan and a corporate strategy.
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SCHEDULE 2 Recognition of Professional Qualifications in Pharmacy
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Section 16
\n
.
\n
1.Subject to paragraph 3, the Council shall determine an application for registration made by a person proffering a qualification in pharmacy such as is mentioned in section 16
\n
(3), (4) or (5) as soon as possible after receiving all documents prescribed for the purposes of determining the application or required by the Council for those purposes under section 14 and, in any event, within 3 months after such receipt.
\n
2.The Council may require of the competent authorities of the home relevant state— (a) confirmation of the authenticity of diplomas, certificates and other evidence of formal qualifications in pharmacy issued in that state and referred to in Articles 21, 23 and 50 of the Professional Qualifications Directive, (b) confirmation that a person proffering a qualification such as is mentioned in paragraph 1 has fulfilled the minimum training requirements specified in Article 23 or, as the case may be, 44 of the Professional Qualifications Directive.
\n
3.The Council is hereby designated, for the purposes of Article 50.1 of the Professional Qualification Directive, as the competent authority in the State to demand and receive and to issue diplomas, certificates and other documents concerning education for, qualifications in and the practice of pharmacy.
\n
4.The Council shall ensure the confidentiality of information received under Article 50.1 of the Professional Qualifications Directive.
\n
5.Where the Council gives information to a relevant state under Article 50 of the Professional Qualifications Directive, the following provisions shall apply— (a) the 3 month period referred to in paragraph 1 is extended by the period equal to that beginning on the day on which the information is given to the relevant state and ending on the day on which that relevant state gives its reply, or 3 months, whichever is the shorter, (b) where that relevant state does not give its reply within the period of 2 months specified in paragraph (1)(d) of Annex VII to that Directive and the documents referred to in that paragraph are not replaced by a declaration on oath or by a solemn declaration as provided by that paragraph, then, if the Council, having regard to and only to that information, is of the opinion that the person making the application to which the information relates does not comply with section 14
\n
(1)(d) or (f), it shall refuse to register that person.
\n
6.In registering a person under section 14 as read with section 16
\n
(2)(b)— (a) the Council may impose a condition requiring the person, when professing or otherwise using any academic title, status or other qualification specified in the condition, being a title, status or qualification that is relevant to the person’s registration, to indicate by whom it was conferred or awarded, (b) the Council, if of the opinion that any such title, status or qualification that is so relevant is capable of being understood as indicating that the person has pursued a programme of education other than that which he or she pursued, may impose a condition requiring the person, when professing or otherwise using the title, status or qualification, to do so in a manner specified in the condition or otherwise directed by the Council.
\n
7.If a person does not comply with a condition imposed under paragraph 6, the Council may, without more— (a) suspend the registration of the person for a specified period, or (b) cancel the person’s registration, as if under section 45 .
\n
8.
\n
Sections 49 to 52 shall apply in respect of a condition or sanction imposed under this Schedule as they apply in respect of one imposed under Part 6.
\n
9.In considering an application for registration under section 14 as read with section 16
\n
(2)(b), the Council shall take into account any relevant training undergone or experience gained in a third country.
\n
10.In this Schedule— (a) “ home relevant state ” in relation to a pharmacist, means the relevant state in which the pharmacist acquired his or her diploma, certificate or other qualifications in pharmacy or in which he or she is registered as a pharmacist, (b) expressions also used in section 16 have the same meaning as in that section.
\n
SCHEDULE 3 Certificate stating results of test, examination or analysis
\n
Section 69
\n
.
\n
This certificate is issued by me, the undersigned, for the purpose of section 69 of the Pharmacy Act 2007, being— 1................................................................
\n
I hereby certify that I received, on the day of , from 2. .. of a sample of the relevant thing/the relevant thing*, being 3. for test, examination or analysis; which was undamaged, duly sealed and marked 4.. .
\n
I further certify that the said sample/relevant thing has been tested, examined or analysed by me or under my direction and that the results are as follows— 5.. . .
\n
Signature Date Address. . .
\n
1.Here insert official title of person signing the certificate.
\n
2.Here insert the name of the authorised officer who submitted the sample of the relevant thing, or the relevant thing, as the case may be.
\n
3.Here insert the name or description of the relevant thing.
\n
4.Here insert distinguishing mark on the sample of the relevant thing, or the relevant thing, as the case may be, and the date shown on its container as the date of sampling, or the date on which the relevant thing was taken into possession, as the case may be.
\n
5.Here insert the relevant results as appropriate. * Delete whichever is inapplicable.
\n
SCHEDULE 4 Enactments Repealed
\n
Section 4
\n
.
\n
Session and chapter or year and number
\n
(1)Short Title
\n
(2)Extent of repeal
\n
(3)31 Geo. 3., c. 34 Apothecaries' Hall Act 1791 Sections 22 to 31 38 & 39 Vic., c. 57 Pharmacy Act (Ireland) 1875 The whole Act 53 & 54 Vic., c. 48 Pharmacy Act, (Ireland) Amendment Act 1890 The whole Act 8 Edw. 7., c. 55 Poisons and Pharmacy Act 1908 The whole Act 1951 No. 30 Pharmacy Act 1951 The whole Act 1962 No. 14 Pharmacy Act 1962 The whole Act 1977 No. 12 Misuse of Drugs Act 1977
\n
Section 32
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